Legal Opinion

Ex parte Small

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 1 opinion

This was an application by petition of Thomas Small, for the writs of certiorari and habeas corpus, to procure his discharge from the custody of It. W. Milner, agent of Heard & Pace of Tallapoosa county, who had a contract with the county commissioners of Tuscaloosa county for the hire of convicts sentenced to hard labor for offenses not involving moral turpitude.

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This was an application by petition of Thomas Small, for the writs of certiorari and habeas corpus, to procure his discharge from the custody of It. W. Milner, agent of Heard & Pace of Tallapoosa county, who had a contract with the county commissioners of Tuscaloosa county for the hire of convicts sentenced to hard labor for offenses not involving moral turpitude. The application for a discharge on habeas corpus was first addressed to Hon. N. H. Brown, probate judge of Tuscaloosa county. The hearing was had before the Hon. S. H. Sprott, judge of the Sixth judicial circuit, at Tuscaloosa, who…

1Opinion of the CourtStone, C. J.

— The petitioner in this case was convicted in August, 1886, of two separate misdemeanors, neither of them involving moral turpitude. The convictions were in Tuscaloosa county, and the petitioner was in the custody of Milner, as the agent of Heard & Pace, to be carried to their place of business in Tallapoosa county. The ground on w'hich enlargement is sought is, that the sentence under which petitioner was being carried out of the county of his *86conviction to another county, there to work out his sentence at hard labor, was not authorized by any valid order. In Ex parte Crews, 78 Ala. 457,…

2Cases cited1 opinion

  1. Ex parte CrewsSupreme Court of Alabama · 1885

3Cited by1 opinion

  1. Haralson v. StateSupreme Court of Alabama · 1898

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